Legal Opinion · Dissent

Rathbun v. Taber Tank Lines, Inc.

Montana Supreme Court

Decided May 20, 1955No. 9468Published

1Dissent

MR. JUSTICE DAVIS:

I dissent, and I shall come quickly to the point in giving my reasons.

*134If the industrial accident board had found that Paul G. Rathbun died because of heart failure proximately caused or aggravated by the rigors of his employment as a truck driver and had accordingly awarded the claimant compensation, the citations in the majority opinion of Hoage v. Royal Indemnity Co., 67 App. D.C. 142, 90 F. (2d) 387; McCormick Lumber Co. v. Department of Labor and Industries, 7 Wash. (2d) 40, 108 Pac. (2d) 807, and like decisions might be apposite, for then the first question here would…

2Cases cited15 opinions

  1. Jones v. California Packing Corp.Utah Supreme Court · 1952
  2. McCormick Lumber Co. v. Department of Labor & IndustriesWashington Supreme Court · 1941
  3. Hoage v. Royal Indemnity Co.Court of Appeals for the D.C. Circuit · 1937
  4. Wieri v. Anaconda Copper Mining Co.Montana Supreme Court · 1945
  5. Kerns v. Anaconda Copper Mining Co.Montana Supreme Court · 1930

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